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25 Jan 2021, 3:19 pm
The parties also agreed that Zadro does not mark the practicing mirrors themselves. [read post]
19 Dec 2012, 8:31 pm
But this does not make her mark registra- ble. [read post]
2 Mar 2010, 4:46 am
” Courts have held that this section does not apply if the patentee had nothing to mark. [read post]
25 May 2017, 1:24 am
But a trade mark registration can last forever. [read post]
15 Jun 2010, 12:38 pm
While the Pequignot decision does not conclusively end liability for false patent marking claims based on expired patents, it does provide valuable guidance on steps a company can and should take to protect itself from liability for false marking. [read post]
1 Oct 2014, 12:00 am
The revised marking statute allows patent owners to identify their products with the web address containing the patent information, limits false marking lawsuits to those filed by the U.S. government or by a competitor who can prove competitive injury, and does away with provisions making it a violation to mark a product with a patent that covered the product, but has since expired. [read post]
31 May 2013, 7:24 am
Consequently, 'even supposing that an application for a declaration of invalidity does form part of an overall confrontational commercial strategy, involving acts of unfair competition, the removal from the register of a mark which is either descriptive or devoid of distinctive character is a consequence of trade mark law', and cannot be avoided on the basis of the applicant's conduct. [read post]
29 May 2019, 8:14 am
Importantly, this does not give licensees the unfettered right to use the mark post-rejection. [read post]
23 Jun 2010, 8:10 am
"[T]he mere fact of mismarking a product does not necessarily show knowledge or intent. [read post]
22 Jan 2013, 12:39 am
Such behaviour is therefore predictable under the circumstances, even if it does not appear to be wholly "rational" (in the words of the title of Ariely's 2008 best seller, such behaviour is "predictably irrational"). [read post]
19 Jan 2017, 4:10 am
Because two of the stripes in applicant's mark are not connected to the perpendicular element, "the overall impression of Applicant's mark is one of three stripes, rather than the letter 'E.' The perpendicular element "does not distinguish the parties' respective marks in a significant manner. [read post]
18 Jul 2011, 7:00 am
Does your business have brands, packaging and trade marks in different styles? [read post]
16 Dec 2016, 11:26 am
Today's DJ Friday Podcasts program, titled SCOTUS FOCUS, features Sidley Austin (L.A. office) appellate lawyer Mark Haddad (former clerk for Justice William Brennan) on "unique strategies and novel approaches an appellate counselor does well to ply when trying matters before the country's high court. [read post]
25 Jul 2013, 6:21 am
Hypothesis: if a trademark owner does the minimum needed to show that the symbol it claims as a mark is in fact serving as a mark, then just getting over the line “descriptive with secondary meaning” makes the mark stronger than just getting over the line “suggestive. [read post]
24 Dec 2008, 12:00 pm
" The record therefore "does not support prima facie abandonment" by Tyco.Turning to Mattel's actions, because the first shipment of CRASH DUMMIES goods did not occur until December 2003, the period of use constitutes prima facie abandonment based on three years of nonuse. [read post]
16 May 2007, 2:46 pm
Mark Krikorian of the Center for Immigration Studies is spreading the following good cheer on immigration: Not a Dime's Worth of Difference: What kind of people does the White House think we are? [read post]
26 Apr 2014, 6:23 pm
§ 1115(b)(4), allows a third party to use a trade mark if the use is descriptive and if it does not identify the source or origin of the goods. [read post]
10 Dec 2018, 11:00 am
When it comes to trade marks, it does not go as far as "Monster Energy," in the view of the High Court of Singapore. [read post]
20 Mar 2023, 9:12 am
However, a potential error made in other application proceedings does not grant an applicant a right to the registration of a sign that is non-distinctive. [read post]
27 Oct 2011, 3:11 pm
Pacific Brands argued that the survey was a waste of time and money because: it had conceded Adidas had a reputation in the 3 stripes trade mark in Australia; and whether or not the use of the stripes on Pacific Brands’ footwear was use as a trade mark or, if it was, was deceptively similar to Adidas’ trade marks, were purely questions of law for the judge alone. [read post]
